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(영문) 서울남부지방법원 2020.04.29 2020고합89
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From December 1994 to August 25, 2006, the Defendant was engaged in business affairs, such as the director of the division of C Co., Ltd. (former D Co., Ltd) located in Yeongdeungpo-gu Seoul Metropolitan Government.

1. Around October 2004, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) entered the Defendant’s mother’s H I securities account at the MF branch located in Yongsan-gu Seoul Metropolitan Government and disposed of at will, on the part of the victim, 30,000 F securities worth KRW 655,50,000, the market price of the victim E at the MF branch located in Yongsan-gu Seoul Metropolitan Government.

On March 25, 2005, the Defendant continued to keep 7,182 F& 7,182 shares equivalent to the market value of 194,91,300 won owned by the victim at the above C Head Office on business for the victim. At around that time, the Defendant kept c/C account in the name of the birth of the Defendant and disposed of at his own discretion at the C/C account located in Gwanak-gu in Seoul Special Metropolitan City.

Accordingly, the Defendant embezzled F 37,182 shares of the total amount of KRW 850,491,300, the market value of the victim, which was in custody.

2. Around October 16, 2002, the Defendant: (a) was in the custody of 12,395 F Securities worth KRW 164,853,50 of the market price of the victim’s K for the sake of the victim’s K at M& at the M&C branch located in Yongsan-gu, Yongsan-gu; (b) around that time, the Defendant entered and disposed of the F& 12,395 shares into the Defendant’s management securities account at the location of the L/S branch located in Dongjak-gu Seoul Metropolitan Government.

In addition, from the above date to January 9, 2006, the Defendant arbitrarily disposed of the F Securities of KRW 1,351,63,500 equivalent to the total market price of KRW 1,351,63,50 on five occasions, as shown in the attached list of crimes.

Accordingly, the defendant embezzleds the property of the victims who had been in custody in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to the prosecution by the N;

1. Application of a part of the Acts and subordinate statutes to evidential materials submitted by the accusation agent;

1. Criminal facts;

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